U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:86-cv JU

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1 Page 1 of 10 U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:86-cv JU FRC, TERMINATED Daniel Marrs v. Robert Ingram Assigned to: Judge George E. Juba Demand: $0 Case in other court: Court of Appeals, CA Court of Appeals, CA Cause: 28:1331 Fed. Question Plaintiff Daniel Uvon Marrs Date Filed: 04/22/1986 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question represented by Roy S Haber 1639 E 19th Ave Eugene, OR haberpc@cyber-dyne.com William A Barton Barton & Strever, PC 214 SW Coast Highway PO Box 870 Newport, OR (541) attorneys@bartonstrever.com V. Defendant Robert Ingram Defendant Donald B Cox represented by Ronald E. Bailey Bullivant Houser Bailey, PC 300 Pioneer Tower 888 SW Fifth Avenue Portland, OR (503) Fax: (503) ron.bailey@bullivant.com represented by Ronald E. Bailey

2 Page 2 of 10 (See above for address) Defendant Wallace Hammack Defendant Max Lieurance Defendant Malheur County represented by Ronald E. Bailey (See above for address) represented by Ronald E. Bailey (See above for address) represented by Ronald E. Bailey (See above for address) Date Filed # Docket Text CASE FILE SENT TO THE FRC Accession number Box number 7 Location number number (former employee) Modified on 02/07/1995 (Entered: 02/07/1995) 09/14/ ORDER denying pltf's class mot for tro. Defts' mot for a change of place of trial, deferred until the parties file the PTO. ORD granting parties mot for enlargement of time. Disc ext to Pretrial documents due ; setting pretrial conf(1st) for 1:30 1/6/89 ; ORD setting pretrial conf (2nd) for 3:00 1/13/89 ; setting court trial for 9:30 1/17/89 ; setting pretrial order ddl for 12/15/88 Signed 9/14/88 Honorable James A. Redden (former employee) (Entered: 09/28/1988) 10/12/ MOTION by plaintiff Daniel Uvon Marrs for protective order (noa) (former employee) (Entered: 10/14/1988) 10/12/ PROTECTIVE ORDER: ORD that defts are prohibited from referring to prosecution any corrections officer, etc in the Malheur Co. correctional Facility (see ord) ntfd Signed 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988) 10/12/ Stip Final Jugmnt -ORD THE defts, etc shall operate the Malheur Co. Corrections Facility as provided in that certain stip partial Jdgmnt ent on 6/9/88 (see judgmnt)s 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988) 10/12/1988 (former employee) (Entered: 10/17/1988)

3 Page 3 of 10 06/09/ Pltf's proposed amended jugment (former employee) (Entered: 06/12/1989) 06/09/ Deft's proposed amended judgment (former employee) (Entered: 06/12/1989) 06/09/ Affidavit of John E. Del Nero (former employee) (Entered: 06/12/1989) 06/09/ Affirmation of Roy S. Haber (former employee) (Entered: 06/12/1989) 06/09/ MOTION by plaintiff Daniel Uvon Marrs to punish for contempt-sealed judgment #81 (former employee) (Entered: 06/14/1989) 06/09/ MOTION by plaintiff Daniel Uvon Marrs to punish for contempt & for further relief #82 (former employee) (Entered: 06/14/1989) 06/09/ First year report to court on state of compliance and application to extend monitoring. (former employee) (Entered: 06/14/1989) 06/16/ MOTION by defendants' for entry of supplemental judgment #84 (former employee) (Entered: 06/16/1989) 06/16/ Factual record in opposition to extension of monitoring and jurisdiction retention. (former employee) (Entered: 06/16/1989) 06/16/ MOTION by defendants' for leave to file brief in excess of 35 pgs #86 (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Marian Strong (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Mary L. Werner (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Judy Bassett (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Roy Castro (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Michael T. Walker (former employee) (Entered: 06/19/1989) 06/19/ Affidavit of Lea Cooper (former employee) (Entered: 06/19/1989) 06/19/ RECORD OF ord granting deft's motion for leave to file brief in excess of 35 pgs [86-1] ntfd Magistrate George E. Juba (former employee) (Entered: 06/19/1989) 06/19/ Defts' opposition to pltfs' req. to extend monitoring period and jursdiction retention; o/a req. (former employee) (Entered: 06/19/1989) 06/21/ Memorandum by defendant in opposition to motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 06/21/1989) 06/23/ Memorandum by plaintiff Daniel Uvon Marrs in support of motion to punish for contempt & for further relief [82-1], of motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 07/19/1989) 06/30/ Supplemental affidavit of Ronald Mallea (former employee) (Entered:

4 Page 4 of 10 06/30/1989) 07/03/ MOTION by plaintiffs to enter pltfs proposed judgment submitting new policies & procedures, to strike defts motion to ent supplemental judgment #97 (cpriestley) (Entered: 07/03/1989) 07/03/ MOT & ORDER that pltfs may submit this reply consisting of 48 pgs. ntfd Signed 7/3/89 Magistrate George E. Juba (former employee) (Entered: 07/05/1989) 07/10/ Reply by plaintiff Daniel Uvon Marrs to defts' opposit to conduct additional monitoring of 6/9/88 decree; to defts' opposit to pltf mot to punish for contempt reg. security; to defts' opposition to mot to punish (sealed jdgmt); to defts' opposition to monitor new policies. (former employee) (Entered: 07/10/1989) 07/13/ Affidavit of Mike Walker (former employee) (Entered: 07/13/1989) 07/13/ Defts' reply to pltfs' mot to strike [97-2] defts' mot to enter supplemental judgment [84-1]. (former employee) (Entered: 07/14/1989) 07/13/ MOTION by defendants' for leave to file response brief #102 (former employee) (Entered: 07/14/1989) 07/13/ Defts' response to pltfs' replies. (former employee) (Entered: 07/14/1989) 07/18/ Affidavit of Lori Shepherd (former employee) (Entered: 07/18/1989) 07/18/ Supplemental affidavit of David Sarazin (former employee) (Entered: 07/18/1989) 07/19/ RECORD OF ord granting defts' motion for leave to file response brief [102-1] ntfd Magistrate George E. Juba (former employee) (Entered: 07/20/1989) 08/07/ Pltfs' opposition to defts' mot for entryof supplemental judgment [84]; reply to defts' opposition to pltfs' mot [971 & 2] to strike defts' mot for entry of supplemental judgement. (former employee) (Entered: 08/07/1989) 08/23/ Opinion pltf's mot to punish for contempt and further relief is denied. Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden ntfd. (former employee) (Entered: 08/23/1989) 08/23/ ORDER pltfs' mot to punish for contempt (sealed judgment) [81] and mot to punish for contempt and further relief [82] are Denied. ntfd Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden (former employee) (Entered: 08/23/1989) 08/24/ Deft's opposition to pltfs' mot to produce. (former employee) (Entered: 08/24/1989) 08/24/ MOTION by plaintiff Daniel Uvon Marrs to produce #112 (former employee) (Entered: 08/25/1989)

5 Page 5 of 10 08/30/ MOTION by defendants' for leave to file additional brief #113 (former employee) (Entered: 08/31/1989) 08/31/ RECORD OF ord setting issued of pltfs' and defts' proposed amended judgment [77 & 78] and mot by defts' for entry of supplemental judgment [84] for t/oral arg. on 10/3/89 at 1:45pm. ORD granting deft's mot for leave to file additional brief [113]. ntfd Magistrate George E. Juba (former employee) (Entered: 08/31/1989) 09/05/ Defts' supplemental brief re monitoring extension and judgment. (former employee) (Entered: 09/06/1989) 09/14/ MOTION by plaintiff Daniel Uvon Marrs for reconsideration & clarification of pltfs' mot to punish for contempt of sealed judgment #116 o/a req. (former employee) (Entered: 09/15/1989) 09/21/ Notice of appeal by plaintiff Daniel Uvon Marrs from Dist. Court ord filed 8/23/89 [110-2] (former employee) (Entered: 09/22/1989) 09/21/1989 No fee paid as granted forma pauperis previously. (former employee) (Entered: 09/22/1989) 09/21/1989 Mailed copy of n/a to cnsl and Court of Appeals along with copy of order and docket sheet. (former employee) (Entered: 09/22/1989) 09/28/ Deft's opposition to pltf's mot for reconsideration and clarification of pltfs' mot to punish for contempt of sealed judgment [116-1] (former employee) (Entered: 09/28/1989) 09/28/ Second supplemental affidavit of David Sarazin, M.D. (former employee) (Entered: 09/28/1989) 10/03/ ORDER pltf's mot for reconsideration [116] is Denied but his mot for clarification [116] is Granted. Pltf's mot to produce [112] is Denied. ntfd Signed 10/3/89 microfilmed & eod 10/3/89 Honorable James A. Redden (former employee) (Entered: 10/03/1989) 10/03/1989 Text not available. (Entered: 10/04/1989) 10/03/ RECORD OF t/hrg. on pltf's & deft's proposed a/judgment [77 & 78] and mot by defts' for entry of supp. judgment [84]. ORD taking the mots u/advisement. ntfd Magistrate George E. Juba (former employee) (Entered: 10/04/1989) 10/05/ Pltf's reply to opposition to mot to reconsider [116]. (former employee) (Entered: 10/05/1989) 10/12/ Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA (former employee) (Entered: 10/12/1989) 10/12/ Certified Copy of Order from the US Court of Appeals for the Ninth District [117-1] setting brief schedule: R/T ord due 10/23, transcripts due 11/21, appellants brief 1/8/90 and appelles brief 2/6 with reply w/in 14 days. (former employee) (Entered: 10/12/1989)

6 Page 6 of 10 10/30/ Notice of appeal by plaintiff Daniel Uvon Marrs from Dist. Court ord filed 10/3/89 [120-2] (former employee) (Entered: 11/02/1989) 10/30/1989 No fees pd- granted forma pauperis previously. (former employee) (Entered: 11/02/1989) 11/02/1989 Mailed copy of N/A to cnsl and Court of appeals along with copy of ord and docket sheet. (former employee) (Entered: 11/02/1989) 11/14/ Desingation of reporter's transcript ordering form for appeals [117 & 125] none to be ordered. (former employee) (Entered: 11/14/1989) 11/14/1989 Certificate of Record Transmitted to US Court of Appeals for appeals [117 & 125]. (former employee) (Entered: 11/14/1989) 11/27/ Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA (former employee) (Entered: 11/27/1989) 12/08/ ORDER both pltfs' [97] and defts' [84] mot to supplement the judgment and pltfs' mot to ext monitoring [83] are Granted in part & Denied in part. Parties are to submit defts supplemental judgment [84], deleting paragraph 11 & substituting pltfs' paragraph 11 from pltfs' supplemental judgment. The remainder of those mots, as well as pltfs' mot for an evidentiary hearing & mot to strike Dr. Sarazin's supplemental affidavit are Denied. ntfd Signed 12/7/89 microfilmed & eod 12/8/89 Magistrate George E. Juba (former employee) (Entered: 12/08/1989) 12/15/ Certified Copy of Order from the US Court of Appeals for the Ninth District re appeal CA l0-court received letter dated 10/23 re appeal dated 9/21. Appears letter is w/out jurisdiction. Unless appellant objects w/in 14 days-the court will construe appellants letter as a voluntary dism of appeal l0. (former employee) (Entered: 12/15/1989) 12/20/ Objections by defendants' to order of 12/7/89 [128-2] (former employee) (Entered: 12/20/1989) 12/27/ RECORD OF ord pursuant to FRCP 60(a) the court changes lines of page 6 of its order 12/8/89 to read as follows: Therefore, this court shall retain jurisdiction an additional seven months, until 1/9/90, to ensure defts comply with the new supplemental judgment. ntfd Magistrate George E. Juba (former employee) Modified on 12/27/1989 (Entered: 12/27/1989) 01/02/ Pltf's response to defts' objs [130] to F/R (ord) [128]. (former employee) (Entered: 01/04/1990) 01/08/ SUPPLEMENTAL JUDGMENT that the stip. partial judgment is amended -exh A is subst. for existing pgs of appendix 7 of the stip. partial judgment (pages ). Defts shall provide each corrections officer on duty with a portable 2 way radio to facilitate communication between the clerk-dispatcher & the corrections officers w/in the Malheur County Correctional Facility. Defts are relieved from the req. to make a filing/typing clerk available to use at the Malheur County Correctional Facility (the last 3 hrs of Malheur County's business day, 5 days a

7 Page 7 of 10 week).exh.b-mccf Policy & Procedurals Manual is filed in satisfaction of the obligation of defts under paragraph 40(h) of stip. final judgment. Exh. C MCCF Mental Health Care Report is substituted. Exhs D & E are filed. Court shall retaim jurisdiction for an add. 7 months over medicalrelated issues & compliance with new policies. Pltf's shall monitor for an add 7 months, through & until 1/9/90 & report to court if additional time is necessary. Court will then decide on whether to continue its active jurisdiction.(see file) ntfd Signed 1/8/90 microfilmed & eod 1/8/90 Honorable James A. Redden (former employee) (Entered: 01/08/1990) 02/05/ Notice of appeal by plaintiff from Dist. Court supplemental judgment of 1/8/90 [133-2] (former employee) (Entered: 02/06/1990) 02/05/1990 No fee pd- previously granted forma pauperis. (former employee) (Entered: 02/06/1990) 02/06/1990 Mailed copy of Notice of Appeal to cnsl & to US Court of Appeals for the Ninth Circuit along with copy of judgment and updated copy of docket sheet. (former employee) (Entered: 02/06/1990) 02/06/1990 Certificate of Record Transmitted to US Court of Appeals for the Ninth Circuit for the appeal filed 2/5/90. (former employee) (Entered: 02/06/1990) 03/01/ MOTION by defendants' for order directing submission of report #135 (former employee) Modified on 03/07/1990 (Entered: 03/01/1990) 03/06/ RECORD OF ord setting deft's motion for order directing submission of report [135-1] on m/c of 3/19/90 (noa). ORD pltf's response to be filed 3/12 and defts' reply to be filed by 3/15. Pltf to expedite service of response to deft counsel. ntfd Magistrate George E. Juba. (former employee) (Entered: 03/07/1990) 03/09/ Response by plaintiff to motion for order directing submission of report [135-1] (former employee) (Entered: 03/09/1990) 03/16/ Reply by defendant to memorandum in opposition motion for order directing submission of report [135-1] (former employee) (Entered: 03/16/1990) 03/21/1990 Clerk's record on appeal transmitted to US Court of Appeals for the Ninth Circuit,, (former employee) (Entered: 03/21/1990) 03/21/ ORDER granting defts' motion for order directing submission of report [135-1] ntfd e/3/21/90, Signed 3/21/90 Magistrate George E. Juba (former employee) (Entered: 03/21/1990) 06/07/ MANDATE/JUDGMENT from USCA reversing decision of the District Court [Appeals [134-1] [125-1] [117-1]; memo says reverse & remand to D/C. Pltfs are entitled to attys fees as prevailing parties on this appeal. (former employee) (Entered: 06/10/1991) 06/07/1991 UTILITY EVENT: Reopens case see mandate #140 (former employee) (Entered: 06/19/1991)

8 Page 8 of 10 07/17/ RECORD OF ord setting t/conf for 7/19/91 at 10:30am., ntfd Magistrate George E. Juba (former employee) (Entered: 07/17/1991) 07/19/ RECORD OF t/status conf. ORD setting t/conf for 9/23/91 at 10am. If final papers are filed before that date, the call will be cancelled., ntfd Magistrate George E. Juba (former employee) (Entered: 07/22/1991) 09/12/ RECORD OF granting deft's letter req of 9/9/91 to reset tel status conf. Order - striking the status conf 9/9/91 and resetting for a tel conf call before 11/18/91 at 10:30am. Magistrate George E. Juba (cpriestley) (Entered: 09/12/1991) 11/18/ RECORD OF Tel conf call. Order - setting another tel conf call before Judge Juba 1/21/91 at 10:00am., ntfd Magistrate George E. Juba (cpriestley) (Entered: 11/20/1991) 01/21/ RECORD OF TELEPHONE CONF.: ORDER: Setting another Tele. Conf. call before Judge Juba, Mon., 2/24/92, at 10:00AM. The Ct. will initiate the call. ntfd Magistrate George E. Juba (former employee) (Entered: 01/22/1992) 02/14/ Psychologists REPORT of 10/11/92 [146-1] (cpriestley) (Entered: 02/18/1992) 02/24/ RECORD OF setting another tel conf 3/9/92 at 10:00a.m, ntfd Magistrate George E. Juba Court Rptr none (cpriestley) (Entered: 02/26/1992) 03/06/ RECORD OF Order - Granting pltf req to reset status hrg. Order - resetting tel hrg 3/9/92 to 4/13/92 at 10:00am., ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/09/1992) 03/11/ MOTION by defendant Malheur County for order terminating procudures under sealed portion of judgment (cpriestley) (Entered: 03/11/1992) 03/13/ RECORD OF - setting defts' motion for order terminating procudures under sealed portion of judgment #149, for tel oral argument 4/13/92 at 10:00am. ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/16/1992) 04/13/ MOTION by Daniel Uvon Marrs for relief response to defts motion for order terminating proceedings (cpriestley) (Entered: 04/14/1992) 04/13/ RECORD OF ;status hearing set 10:00 4/20/92, ntfd Magistrate George E. Juba Court Rptr Ann Moore (cpriestley) (Entered: 04/14/1992) 04/20/ RECORD OF granting motion for order terminating procudures under sealed portion of judgment [149-1] ntfd setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92. ntfd Magistrate George E. Juba (cpriestley) (Entered: 04/22/1992) 04/21/ Memorandum by defendant Malheur County in opposition to motion for relief response to defts motion for order terminating proceedings [151-1]

9 Page 9 of 10 (cpriestley) (Entered: 04/22/1992) 04/21/ AFFIDAVIT of George Bruner re motion response [153-1] (cpriestley) (Entered: 04/22/1992) 04/28/ REPLY brief by pltfs; motion for further relief. o/a/ req (cpriestley) (Entered: 04/28/1992) 04/30/ RECORD OF re- setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92 at 1:30pm ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/04/1992) 05/01/ Supplmental Memorandum re further relief by defendants. (cpriestley) (Entered: 05/04/1992) 05/01/ AFFIDAVIT of Douglas Andres re memorandum [158-1] (cpriestley) (Entered: 05/04/1992) 05/18/ RECORD OF taking under advisement on 5/18/92 motion for relief response to defts motion for order terminating proceedings [151-1] ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/19/1992) 05/20/ FINDINGS AND RECOMMENDATION [to] concerning motion for relief should be denied. [151-1] Magistrate George E. Juba signed 5/20/92 ntfd (cpriestley) (Entered: 05/21/1992) 05/26/ MOTION by plaintiff Daniel Uvon Marrs for attorney fees (cpriestley) (Entered: 05/26/1992) 05/28/ RECORD OF setting motion for attorney fees [162-1] 6/29/92 (noa) ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/29/1992) 06/03/ OBJECTIONS by defendants to pltfs attorney fee motion. (cpriestley) (Entered: 06/04/1992) 06/15/ REPLY to defts opposition to motion for atty's fees by plaintiff Daniel Uvon Marrs (cpriestley) (Entered: 06/15/1992) 07/07/1992 Findings and Recommendations referring to Honorable James A. Redden [161-1] (cpriestley) (Entered: 07/07/1992) 07/08/ FINDINGS AND RECOMMENDATION concerning motion for attorney fees should be granted in part and denied in part. Pltfs are entitled to compensation for 44 hours of atty time at a rate of $200. per hour and expenses in the amount of $30.75 for a total award of $8, [162-1] Magistrate George E. Juba ntfd (cpriestley) (Entered: 07/08/1992) 07/10/ MOTION by defendant Malheur County for leave to file supplemental brief re atty fees (cpriestley) (Entered: 07/13/1992) 07/10/ Supplemental by defendants brief re attorney fees. (cpriestley) (Entered: 08/25/1992) 07/14/ RECORD OF denying motion for leave to file supplemental brief re atty

10 Page 10 of 10 fees [167-1] ntfd Magistrate George E. Juba (cpriestley) (Entered: 07/15/1992) 07/17/ ORDER denying motion for relief response to defts motion for order terminating proceedings [151-1] adopting Findings and Recommendations motion [to] [161-1] ntfd Signed 7/16/92 Honorable James A Redden (cpriestley) Modified on 08/24/1992 (Entered: 07/20/1992) 07/22/ Objections by Plaintiff Daniel Uvon Marrs to [166-1] findings and recommendation on Plaintiff's motion for attorneys fees (cpriestley) (Entered: 07/23/1992) 08/24/1992 Findings and Recommendations referring to Honorable James A. Redden the Findings and Recommendations motion [166-1] (cpriestley) (Entered: 08/24/1992) 09/01/ Order - Adopting Judge Juba Finding & Recommendations in part and denying in part plaintiff's motion for fees [166-1]. ntfd Signed 9/1/92 Honorable James A. Redden (cpriestley) Modified on 09/02/1992 (Entered: 09/02/1992) 09/21/ JUDGMENT: It is ordered plaintiff recover from defendants the sum of $8, for attorney fees. signed 9/21/92 Donna Ausbie, Deputy, ntfd (cpriestley) (Entered: 09/21/1992) 10/15/ SATISFACTION OF supplemental JUDGMENT [173-3], [133-2], [75-1] (cpriestley) (Entered: 10/19/1992) 03/15/1995 CASE FILE SENT TO THE FRC Accession number Location number X3685 Box 2 of 190 (tomg) (Entered: 07/26/1995) PACER Service Center Transaction Receipt 0 13:34:54 PACER Login: wu0055 Client Code: Description: Docket Report Search Criteria: 3:86-cv JU Billable Pages: 6 Cost: 0.48